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Massachusetts Supreme Judicial Court, 1828

Olney v. Adams

Olney v. Adams
Massachusetts Supreme Judicial Court · Decided October 3, 1828
24 Mass. 31

Olney v. Adams

Opinion of the Court

Per Curiam.

The action cannot be maintained against the mortgager, who had transferred all his right and interest in the *34land, and was not in possession.1 We see no difficulty in bringing the action against a tenant in common who has purchased the equity of redemption.

See Revised Stat. c. 107, § 8, where it is provided, that the mortgager may be joined as defendant in all eases of this kind, whether at the time he has transferred his interest in the estate or not. See also Hunt v. Hunt, 17 Pick. 118.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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